Author(s): Narender Kumar and Jyotsana Choudhary

Abstract: Surrogacy, an arrangement where one woman carries and gives birth to a child for another individual or couple, has a long and complex history, evolving significantly with medical advancements and societal changes. This practice, rooted in ancient cultures and religious texts such as the Bible and Mahabharata, has undergone substantial transformations in modern times. Initially seen as a natural process, surrogacy evolved through medical interventions such as in vitro fertilization (IVF), leading to the development of gestational surrogacy, where the surrogate is not genetically related to the child. This shift raised ethical, legal, and social questions, particularly as the demand for surrogacy increased in response to infertility, same-sex parenthood, and medical advancements.In India, the surrogacy industry grew rapidly, driven by low costs and the demand for assisted reproductive technologies. However, it also sparked debates on the exploitation of surrogate mothers, highlighting the need for legal reforms. Notably, the "Baby M case" in the United States and the commercial surrogacy boom in India brought international attention to the practice. The Indian government responded with regulatory measures, including the Surrogacy (Regulation) Act of 2019, which prohibits commercial surrogacy and restricts it to altruistic surrogacy for Indian couples facing infertility.This paper examines the historical origins, medical advancements, and legal developments in surrogacy, focusing on the Indian context. The challenges and ethical concerns surrounding surrogacy, such as the exploitation of women, legal parentage, and international fertility tourism, are explored. Furthermore, the paper analyzes the legal reforms in India, particularly the shift from unregulated commercial surrogacy to a regulated altruistic model, aiming to protect surrogate mothers' rights while promoting responsible family formation.

DOI: 10.22271/civillaw.2024.v4.i2c.122

Pages: 244-247 | Views: 139 | Downloads: 82

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